PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES November 27, 2007 A meeting of the Pennington County Board of Commissioners was held on Tuesday, November 27, 2007, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Jim Kjerstad called the meeting to order at 9:00 a.m. with the following Commissioners present: Gale Holbrook, Ethan Schmidt, Nancy Trautman and Brenda Young. REVIEW AND APPROVE AGENDA MOVED by Young and seconded by Schmidt to approve the agenda with the following addition: add under Items from Fire Administration – ad to thank employers. The Chairperson also noted that he has requested a representative of the Services for the Blind & Visually Impaired be present at the second meeting in December to discuss the lease for the coffee shop. Vote: Unanimous MOVED by Schmidt and seconded by Young to reconsider the agenda. Vote unanimous. MOVED by Trautman and seconded by Young to add Forest Service Contract Renewal under Items from the Sheriff. Vote: Unanimous. REVIEW MINUTES MOVED by Trautman and seconded by Young to approve the minutes of the November 20, 2007, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM THE SHERIFF A. JUVENILE ACCOUNTABILITY BLOCK GRANT: MOVED by Schmidt and seconded by Young to authorize the Chairperson’s signature on the grant documents for the Juvenile Accountability Block Grant. Vote: Unanimous. B. FOREST SERVICE CONTRACT RENEWAL: MOVED by Young and seconded by Trautman to authorize the Chairperson’s signature on the Sheriff’s annual contract with the USDA Forest Service. Vote: Unanimous. ITEMS FROM THE AUDITOR A. YEAR-END SUPPLEMENTS/CONTINGENCY: MOVED by Schmidt and seconded by Trautman to approve a General Fund contingency transfer in the amount of $94,500 to the General Fund insurance budget. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to approve a General Fund Equipment contingency transfer in the amount of $49,061 to the General Fund Commissioner’s budget ($31,858), Auditor’s budget ($3627), Planning budget ($1663), Public Defender ($6975) Ordinance $231) and Treasurer ($4707). Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to schedule a public hearing to supplement the designated budgets and amounts as listed from cash reserves for 9:15 a.m., Tuesday, December 11, 2007: General Fund Enforcement, Spraying - $2063; Emergency Management Fund, Salaries & All Terrain Vehicle - $28,597; Hazardous Materials Fund, Prior Year Grant - $24,200; Library Fund, Rapid City 2007 Contract - $20,635. Vote: Unanimous. MOVED by Young and seconded by Holbrook to supplement the following designated funds and budgets from non-budgeted revenues received in 2007. Vote: Unanimous. * General Fund: Juvenile Diversion - $20,776; Elections - $93,510; Arrest Grant - $3,500; CC Drug & Alcohol - $139,600; Drug & Alcohol Prevention - $8,964. * Emergency Management Fund: HLS Grant Training Funds - $17,000. * Health Care Trust - $200,000 claims reimbursed MOVED by Trautman and seconded by Holbrook to authorize an operating transfer in the amount of $1,000,000 from the Accumulated Building Fund to the Capital Projects Fund. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman to schedule a public hearing to supplement the following 2007 Capital Projects budgets from cash reserves at 9:15 a.m. on Tuesday, December 11, 2007: Jail Medical - $290,000; Jail Booking - $20,000; Jail - $200,000; Courthouse II - $50,000. Vote: Unanimous. B. SURPLUS PROPERTY & TAX DEED AUCTION MOVED by Holbrook and seconded by Schmidt to recommend that Parcel ID 3349 (Tax Deed # 07-106) and Parcel ID 3372 (Tax Deed #07-107) be offered for sale without variance application by Pennington County, and further moved that the minimum bid on 07-107 be set at $5000 and 07-106 at $2000. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman to include Pennington County’s property at 706 North 7th Street in the tax deed auction with a minimum bid of $53,000. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to set a minimum bid of $24,000 on Tax Deed # 07-111, Parcel ID 40688. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to set a minimum bid of $3000 on Tax Deed # 07-110/02-48, property ID 48970, with the acknowledgment that any special assessments will still be owed to the City of Rapid City. Vote: Unanimous. MOVED by Kjerstad and seconded by Holbrook to offer the remainder of the properties at auction with no minimum bid. Vote: Unanimous. MOVED by Young and seconded by Trautman to declare the following properties surplus for the purpose of public auction, which is scheduled for 10 a.m., December 19, 2007: Parcel ID #46687, #45498; #20149; #44279: #44278; # 25626; #51521; #18139; #18140; #18141; #18195; #19197; #45165; #18196; #7365; #3349; #3372; #6514; #48970; #40688. Vote: Unanimous. ITEMS FROM HIGHWAY A. DEERFIELD ROAD (HILL CITY AGREEMENT): MOVED by Schmidt and seconded by Trautman to approve Change Order Number one for the Deerfield Road (Hill City Agreement) project, an increase of $16,240.50. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. HAYWARD CDBG GRANT INCREASE: MOVED by Holbrook and seconded by Schmidt to amend the Hayward Volunteer Fire Department CDBG request from $182,500 to $270,000, pursuant to the request of the Hayward VFD. Vote: Unanimous. ITEMS FROM CHAIR A. FUGITIVE DUST FROM RUSHMORE FOREST PRODUCTS, HILL CITY: MOVED by Holbrook and seconded by Schmidt to table this item. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT A. PIERRE RAMKOTA ROOM LEASE AGREEMENT: MOVED by Holbrook and seconded by Trautman to approve the lease agreement totaling $5830 with the Ramkota Hotel for two rooms during the legislative session, with the understanding that the agreement will be reduced by $110 per day for each day the space(s) are made available for sublease. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Young and seconded by Schmidt to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM PLANNING & ZONING MOVED by Schmidt and seconded by Young to convene as the Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 07-20: Matt and Denise Wood; Dave Bell Construction – Agent. To reduce the minimum required 58 foot Section Line setback to 40 feet in a Limited Agriculture District to allow for the construction of a single-family residence in accordance with Sections 206 and 509 of the Pennington County Zoning Ordinance. Lot 17 (also in Section 21), Kieffer Ranch Estates, Section 16, T1S, R7E, BHM, Pennington County, South Dakota. MOVED by Young and seconded by Holbrook to approve Variance/VA 07-20 with the following two (2) conditions. Vote: Unanimous. 1. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Planning Director; and, 2. That this Variance only applies for the portion of the setback requirement that will be encroached upon by construction of the proposed single-family residence. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure. MOVED by Young and seconded by Schmidt to adjourn as the Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. PERSONNEL ESCC: Effective 12/01/07 – J. Meyers, C. Tomjack & A. Nilsen, $2,799/month. Detox: Effective 11/1/07 – S. Wood, $14.65/hr. VOUCHERS Alltel, 732.81; Black Hills Power & Light, 460.20; Cardmember Service, 3,413.48; City of Rapid City - Water, 1,178.96; FCE Benefit/Cobra Dept, 1,828.74; Montana Dakota Utilities, 286.05; Office Depot, 139.98; Pioneer Bank & Trust, 980.79; Prairiewave Comm., 1,066.76; Verizon, 113.37; Wal-Mart Community, 55.20. ADJOURN There being no further business the meeting was adjourned at 11:30 a.m. Julie A. Pearson, Auditor Publish: December 12, 2007 November 27, 2007 1